Court faults gov't for lack of public participation in Safaricom shares sale

The court said the lack of transparency made it difficult for the Cabinet to objectively evaluate the proposed divestiture in accordance with the Constitution.

The three judges further found that the government failed to disclose the identity of the proposed buyer and made misrepresentations while withholding material information relating to the sale.

“We accordingly find that the Government of Kenya engaged in unexplained obscurity on the identity of the proposed buyer, made misrepresentation and concealed material information in respect of the partial divestiture throughout the process,” the court ruled.

The bench said withholding or concealing material information during a public participation process undermines constitutional requirements on transparency and accountability.

“Concealing or withholding material information and documents during public participation violates constitutional transparency requirements and invalidates the resulting policies or projects because it renders public engagement a cosmetic formality rather than a meaningful exercise,” the court added.

The judges held that public participation must be meaningful and informed, requiring the government to provide citizens with sufficient information to enable them to engage effectively in decisions involving public assets.